District Court
05/01/2009
Raymond Beausejour v. RITT, A.A. No. T09-0047- Identifying the Defendant
Identification
Defendant appealed the decision of the Appeals Panel sustaining the violations of R.I.G.L. 1956 § 31-15-6 (clearance for overtaking), R.I.G.L. 1956 § 31-16-1 (care in starting from a stop), and R.I.G.L. 1956 § 31-15-12 (interval between vehicles). The Court held that where a statement by defendant showed that his name and date of birth corresponded to the name on the citation, and where the defendant’s “Waiver of Appearance” included an admission that he was in fact the driver who was cited with the violations, there was sufficient evidence to identify Mr. Beausejour as the defendant. Accordingly, the Court affirmed the decision of the Appeals Panel sustaining the violations against the defendant.
Raymond Beausejour v. RITT, A.A. No. T09-0047 (May 1, 2009).pdf
District Court
05/01/2009
Raymond Beausejour v. RITT, A.A. No. T09-0047- Credibility
Credibility
Defendant appealed the decision of the Appeals Panel sustaining the violations of R.I.G.L. 1956 § 31-15-6 (clearance for overtaking), R.I.G.L. 1956 § 31-16-1 (care in starting from a stop), and R.I.G.L. 1956 § 31-15-12 (interval between vehicles). The defendant claimed that the trial judge was clearly erroneous in crediting the testimony of the citing officer over his testimony. However, the District Court held that only the finder of fact may assess the credibility of the witnesses. Accordingly, the Court affirmed the decision of the Appeals Panel.
Raymond Beausejour v. RITT, A.A. No. T09-0047 (May 1, 2009).pdf